Appeal No. 1999-0017
Application No. 08/448,764
Weber does not produce a “production rate” based upon a total
weight/operating parameter and the “elapsed operating time.”
We agree with the appellant’s argument (Request, pages 5 and
6) that his disclosure (specification, page 15, lines 29 through
34; Figure 3B) clearly indicates that “time” is a factor in the
claimed production “rate.” Although Weber discloses a timer
54 (column 4, lines 49 through 52 and column 6, lines 17 through
22), the output of the timer is never used in the calculation of
the production goal.
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